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A City Council has enquired whether the early and free reversion of office premises, which are part of a water concession, is subject to VAT. The DGT has ruled that the operation does not constitute a supply of goods because the City Council always retained legal ownership and the rights of an owner.
Cuestión planteada Sujeción al impuesto sobre el Valor Añadido de dicha reversión.
La reversión anticipada de un inmueble no se considera entrega de bienes a efectos del IVA si el Ayuntamiento ha mantenido la propiedad jurídica y las facultades propias de un propietario. El concesionario solo ha disfrutado de la posesión subordinada al cumplimiento del servicio público. Por tanto, la operación no está sujeta al impuesto.
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